Sri Karma Bhutia v. The Union of India

Judgment

#1. The Union of India, represented by the Secretary, Ministry of Home Affairs, Government of India, having his office at NDCC-II Building, Jai Singh Road, Near Jantar Mantar, 110001. The Union of India, represented by the Secretary, Ministry of Home 2. Affairs, Government of India, having his office at NDCC-II Building, Jai Singh Road, Near Jantar Mantar, 110001. 3. Central Government Office Complex, Lodhi Road, New Delhi, 110003. 4. Central Government Office Complex, Lodhi Road, New Delhi, 110003. The Inspector General of Police (Pers), Central Reserve Police Force, The Director General of Police, Central Reserve Police Force, Block-1, …..Respondent(s) For Petitioner(s) For Respondent(s) Date of hearing & delivery of judgment & order Whether fit for reporting : : : : Mr. Somik Deb, Sr. Advocate Mr. P. Chakraborty, Advocate Mr. B. Majumder, Dy. SGI

01.07.2024 Yes HON’BLE MR. JUSTICE ARINDAM LODH JUDGMENT & ORDER (ORAL) By way of filing the present writ petition, the petitioner has prayed for quashing the impugned order dated 28.03.2024 issued by the competent authority of the Central Reserve Police Force, DTE-GEN, New Delhi(Annexure-1 to the writ petition) whereby and whereunder the petitioner has been transferred to the office of Inspector General(IG, for short), MP Sector on promotion to the post of DIG (GD) from the office of IG, Tripura Sector.

2.1. Facts: Since 09.08.2021, the petitioner was posted as Commandant in the office of the IG, Central Reserve Police Force(for short, CRPF), Tripura Sector. 2 Pursuant to a Ministry of Home Affairs Order No.I-45020202/2023-Pers.II dated 30.08.2023, the petitioner has been promoted to the rank of DIG and transferred to the O/o IG, Madhya Pradesh Sector vide order dated 28.03.2024. On receipt of the said order of promotion and transfer, the petitioner submitted representation to the concerned authority stating inter alia that he is having aged parents suffering from various old-age ailments. Besides, his daughter is studying at class X and the final examination is scheduled to be held in the month of March, 2025. It is further stated in his representation that as per the transfer policy prevalent in the organization, terminal posting of 02 years to the requested place is available to an Officer at the rank of Commandant or DIG. Furthermore, the petitioner’s superannuation is due in the month of July, 2025. But, his representation was not considered by the competent authority. The representation being rejected, the petitioner has filed the present writ petition.

2.2. This Court vide order dated 07.05.2024 has stayed the operation of the impugned order dated 28.03.2024 with a direction to the petitioner to submit a fresh representation. The respondents were simultaneously directed to consider the representation of the petitioner and dispose of the same with a reasoned order. Accordingly, the representation was duly considered by “Transfer Representation Standing Committee”. The said committee after due consideration of all the pleas taken by the petitioner has thought it not fit to interfere the transfer of the petitioner to the office of the IG, MP Sector. The said decision of the “Transfer Representation Standing Committee” was placed before the Director General of CRPF who approved the recommendation. IG (Pers) CRPF communicated the order of rejection and asked the petitioner to join his new place of posting as DIG, MP Sector. 3

2.3. The respondents have filed an application for vacating the interim

order passed by this Court in IA No.1 of 2024 arising out of this writ petition. While considering the application for vacating the interim order, it is urged to dispose of the matter finally.

#3. On being agreed, I have taken up the instant writ petition for final disposal at this stage and heard Mr. Somik Deb, learned senior counsel assisted by Mr. P. Chakraborty, learned counsel appearing on behalf of the petitioner as well as Mr. B. Majumder, learned Dy. SGI appearing for the respondents.

4.1. Submissions on behalf of the petitioner: Mr. Deb, learned senior counsel for the petitioner mainly emphasized on the violation of Clause 3(C) of the Standing Order No.05/2022 dated 27th September, 2022. Clause 3(C) deals with “Terminal Posting”. Since the term “Terminal Posting” has not been defined under Standing Order No.05/2022, Mr. Deb, learned senior counsel has drawn the attention of this Court to the definition of “Terminal Posting” as found in the Standing Order No.07/2014 dated 24th November, 2014(Annexure-8 to the writ petition).

4.2. Second fold of submission of learned senior counsel is that the respondents have not duly considered the fact that the daughter of the petitioner would appear in the final examination of Class X scheduled to be held in the month of March, 2025 as well as the illness of his old-aged parents.

4.3. Thirdly, Mr. Deb, learned senior counsel has challenged the authority of the “Transfer Representation Standing Committee” to act as decision-making authority to consider the representation of the petitioner relating to his transfer.

4.4. Mr. Deb, learned senior counsel has pressed into service the following judgments: 4 i. (2004) 12 SCC 299 titled as Kendriya Vidyalaya Sangathan vs. Damodar Prasad Pandey and Ors. (para 4) ii. (2022) 14 SCC 187 titled as Ms X vs. Registrar General, High Court of Madhya Pradesh and Anr. (para 40-75) Submissions on behalf of the respondents: Firstly, Mr. Majumder, learned Dy. SGI has submitted that

5.1. transfer is an incidental to service. Secondly, learned Dy. SGI has submitted that the first representation submitted by the petitioner has been considered by the competent authority and the IG (Pers), CRPF communicated the decision regarding rejection of the representation to the petitioner. Being directed by this Court, the petitioner submitted representation afresh to the Director General of CRPF through proper channel. On receipt of the second representation, the Director General himself had taken into consideration the various pleas taken by the petitioner in his representation. Thereafter, the Director General held that the grounds taken by the petitioner in his representation cannot be acceded to. The Director General has further held that the post of DIG is vacant at the office of the IG, MP Sector which is necessary to be filled up immediately for administrative exigencies.

5.2. To defend the transfer order of the petitioner, learned Dy. SGI has pressed into service the decision of the Hon’ble Supreme Court in State of U.P.